Get free answers to your Bankruptcy legal questions from lawyers in your area.
IS THAT NORMAL? AND WHEN WILL THEY FALL OFF?
answered on Dec 1, 2012
Some or all your creditors will be listed on your report, they will have a chapter 7 discharge status as soon as your case gets discharge. Just be sure to work hard on repairing your credit and you will be on your way to credit restoration soon.
answered on Dec 1, 2012
get a case number and you can look up your status at the federal court house, their computer system should be able to show you where you are at with the process, if you need help feel free to give us a call 916 442 6400
answered on Aug 20, 2012
Yes, as long as fraud is not involved, or you have not waived your right to Bky.
answered on Jun 29, 2012
Different lawyers charge different fees. A Chapter 7 should cost more for a small business owner or if there are tax debts. A Chapter 7 should cost somewhat less if there is no small business, if there are no tax debts.
Many attorneys give free consultations and will give you a quote when... View More
answered on Jun 29, 2012
The documents are public when they are filed, except for your social security number.
answered on Jun 29, 2012
Yes. If you don't have a lawyer you should get one as soon as possible.
answered on Jun 29, 2012
The exemption that is usually used for money in bankruptcy in California is called the Wild Card Exemption. You can use more of it on a bank account or less depending on what else you are trying to protect.
Exemption planning for cars, for houses, for bank accounts is complicated. For the... View More
answered on Jun 29, 2012
Chapter 7 is a liquidation and Chapter 11 is a reorganization. Chapter 13 is also a reorganization.
In Chapter 7, you can only keep what you can exempt under California law. The non exempt property if any will be sold to pay debts.
In Chapter 11 and Chapter 13, you propose a payment... View More
answered on Jun 29, 2012
You should talk with a lawyer. Many bankruptcy lawyers have free consultations. Chapter 11 is not what you want. It is for large businesses or people with very large income or very large debts.
Because you are a low income senior, you might not have to file for bankruptcy at all. First find... View More
answered on Jun 29, 2012
No. Call the trustee assigned to his case, or the United States Trustee's office through the Department of Justice with the Federal government.
answered on May 4, 2012
Generally yes; however, in some instances they may not, such as:
If the underlying debt was for something that was not dischargeable (See Bky Rules 523 & 727) or if the Note is secured and you want to keep the secured item (i.e. Mortgage or Car Loan).
I filed BK and WAS NEVER told of the reaffirmation of debt form. I am attempting to modify my laon and being told I need to do tis first. Well I have been discharged over 2 yrs. Do I have any recourse
answered on Feb 11, 2012
When you say that you are attempting to "modify" your loan, I assume that you are talking about a loan secured by a home, not a car, since auto loans are never "modified." If I am correct that you are referring to a home mortgage, then there is absolutely no reason to reaffirm a... View More
I gave them my debt card info and they withdrew 304 now I can't get into contact with them to let them know that I found out that this is a scam.. is there anything I can do to get my money back?
answered on Feb 4, 2012
Contact the bank that issued the ATM card. At the very least you need to get a new card issued so that Upstate does not continue to withdraw funds from your account. I am not sure what you mean by 'a scam', but if appropriate you should also report the matter to law enforcement.
answered on Jan 25, 2012
All US Bankruptcy Court forms are to be filed with the Clerk in the court that has jurisdiction of the underlying petition.
Four members filed this in the name of the church as to trying to oust me as Pastor. I am in a confirmed 13 and they are creditors, they filed a motion for no stay, it was granted by default. I filed contempt against for the court order, they filed no opposition, judge did not grant the sanctions... View More
answered on Jan 23, 2012
If a creditor files a Motion for Relief from Automatic Stay and it's granted, the creditor can proceed in state court. It does not matter whether the Motion for Relief from Stay was granted by default or after hearing. Most courts would not grant the Motion even by default if it had no merit... View More
If the homeowner was denied loan modification before, will filing ch 13 bankruptcy help the homeowner to have a better chance of getting loan modification?
answered on Jan 23, 2012
No, it won't force a permanent loan modification, but it can be helpful in dealing with your home mortgage in other ways.
A Chapter 13 plan is especially useful if you have fallen behind on your mortgage and you want a payment plan to catch up. It may also give added leverage in... View More
Was sold at auction ? Then we were told to file an adversary complaint.
answered on Jan 19, 2012
Your mother can file a Chapter 13 bankruptcy, but she won't receive a discharge if she received one last year. A discharge can only be granted every 8 years. If the house was already sold at a Trustee's Sale the debt was probably erased -- unless she had an equity line of credit.... View More
answered on Jan 19, 2012
This is a form some Districts use when on spouse is filing bankruptcy individually (without the other spouse) and wants to use the exemption system under CCP 703.140(a) instead of CCP 703.140(a).
I suggest you look at the following link that explains the election of exemption system in... View More
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